captioned by closed captioning services, inc. good morning, i'm eric thomas in for cheryl jennings. and i'm kristen sze an intense manhunt continues. milpitas police are looking for a man who initiated a gun battle with officers near the

intersection of jacqueline road and escuela parkway. >> reporter: the inner section 7:30 this morning which is good news in time for the start of the school day because there are three schools on escuela parkway. the nightmare that remains is that there's main with a gun on the loose. -- a business police officer pulled over a car near jacqueline road and escuela park with way before 2:00 this morning. within seconds, bullets were flying. >> driver of the suspect vehicle exited and opened fire on our officer. >> reporter: the officer was not shot, but did suffer a minor injury. >> it is unknown if the suspect was struck. the suspect fled in his vehicle. >> reporter: milpitas police are confident the man left the area but won't say why. the area includes three

schools. the principal of thomas russell middle school got a call from police after 6:00 this morning. a sergeant told her there had been an officer-involved shooting. >> i quickly got to school and made a call to all of our parents informing them it was safe per the milpitas, and please send your children to school. >> reporter: a parent said she was surprised something so violent happened so close to the school, but it wasn't the first time. >> it is scary to think about dropping off your child, especially with what happened at 7-eleven. >> reporter: september 8th, three people ed the 7-eleven on north milpitas and shot and killed the clerk. those -- shows suspects are still on the loose as is the suspect in this case now wanted for attempted murder of a police officer with >> one thing we want to put out to the public is we need help if anybody saw anything, herd anything. >> reporter: if you saw or heard anything you are asked

to call the police department. there won't be much to see or hear now. police will not release a description of the shooter or his car. the principal said they feel safe and have faith in the milpitas police dertment. katie marzullo, abc7 news. right now a politicians high school is in mourning after a young student was killed in a traffic accident on her way to class. 14-year-old leyla beban was riding her bike when she was hit and killed yesterday. >> reporter: it is not a normal day here at woodside high. the principal says she believes this is where the students belong, mourning together, as a group. students were greated with an announcement over the intercom that grief counselors were on campus to help them after yesterday's death of 14-year-old leyla beban. >> teachers with will follow-up with classroom-led discussions on not only leyla,

but how you deal with grief. >> reporter: as a memorial continues to grow, people who live in redwood city say passing by8hkçz this morning was heartbreaking. >> heartwrenching. i have a grandson that is the same age. >> reporter: tammy said her grandson went to the same preschool as leyla. >> everybody is writing about little things that they remember. one girl said last night we ought to remember to give each other a hug and be grateful we have each other while we are here. >> reporter: police were continuing their investigation this morning leyla was hit by a truck while riding her bike to school yesterday. police say at this point it was just a terrible accident. as classmates try to deal with the tragedy, many, including her principal are wearing blue today, because it was leyla's

favorite color. >> makes your heart feel good for the community that they are gathering together and having an appropriate responsive, also reminds us how fragile life is and how leyla will be missed. >> reporter: she says some of the students even painted their fingernails blue. police say at the time of the accident it was very foggy, maybe because of the moisture on the ground her tires slipped. they don't know why the accident happened, they are still trying to figure it out. amy hollyfield, abc7 news. traffic is being allowed in and out of treasure island now that a six hour police standoff is officer. police say an unidentified man shot and killed himself during the incident it started after 11:00 last night police chased the man from nob hill to treasure island. they believe he had a gun and was driving a stolen car.

police put treasure island on lockdown here are pictures of residents who were stuck in san francisco this morning. one of our viewers sent this picture of him and his roommates they had to urn to the red cross when they were told they couldn't go them to to treasure island. once again, all lanes are now reopened. the american civil liberties union filed what could be a game-changing lawsuit against the department of defense. aclu challenging policy prohibiting women from serving on the frontlines in combat even though many do. the the group says denying women combat duty gives men unfair advantage when it comes to promotions. the military has separate policies for men and women in action. iraq war vet hurt last year during occupy oakland one-day strike is suing alameda county for abuse. he is seen in this youtube video in november 2011.

you can see an oakland officer clubbing him with a night stick. the 33-year-old claims sheriff's jailers denied him medical care and mocke him for 18 hours before he got treatment for a lacerated spleen. he underwent surgery and was hospitalized for five days. sheriff's department denies it mistreated him. a day from one of the stronger storms of the year in anticipation of heavy rain san rafael is offering free sandbags to residents. mark matthews is outside fire station 2, one of places the sandbags are being offered. >> reporter: we are here at 4th and union the corner, where they've put out sand and sandbags for residents who are concerned about runoff from this storm. you can see a pick-up truck pulling up that would be the second person we've seen pull in this morning. san rafael resident was filling up bags to take back

to her house she was the only resident we've seen this morning. i asked how usual it was it for her to pick up bags in preparation for a storm? >> probably the second time in my life, not that often. >> reporter: how come this time? >> we got leakage from the house above us and it is coming down to protect the foundation and stuff. we are not worried like out in san anselmo, we don't have that kind of stuff, just leakage coming from uphill. >> reporter: the chief says storm preparations are nothing out of the ordinary for this time of year but it is good to be prepared. >> there is prediction for significant rainfall, it is the timing of the storms back-to-back that could produce significant runoff. those issues combined with potential for high hides, leave for low level ing in

areas preparation for people in those -- areas to have resources on hand in the event that the waters present a problem for them. >> reporter: the chief says, likely the problems will surface thursday or friday this first rain that is expected with wednesday night will be the first in a series generally takes time for the ground to be saturated/>k  befe flooding occurs. mark matthews, abc7 news. just when will those storms begin arriving in the bay area? meteorologist lisa argen has a look at live doppler, coming up. stunning video out of australia where a crane catches fire then collapses. feds take action against a [ female announcer ] this is a special message from at&t.

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u.s. embassy in tahrir square. angry protesters want president morsi to rescind decreases granting himself near absolute powers. morsi has tried to soften his position saying he is only increasing his powers temporarily. palestinian officials say yasser arafat's remains have been reburied hours after being exhumed. it began early today under the cover of huge blue sheets. officials say samples were given to experts from switzerland, france and rush the former palestinian leader died of a stroke in 2004. the underlying cause remains a mystery. visit to capitol hill by ambassador rice changing the mines of republicans who oppose her -- the minds of republicans who oppose her expected nomination to secretary of state. some say they are more troubled now than they were

over her initial explanations about the deadly raid in benghazi. rice met behind closed door with mccain, graham and ayotte, three of her harshest critics. >> lisa argen what are you finding? >> visibility improving, a little sun, mid 50s to around 60, as they say, the calm before the storm. we'll talk about all three of them head our way through the weekend. plus, are you living in a community with higher breast cancer rates? cancer rates? tell you which parts people are stuck in very old habits

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alarming new study says parts of the bay area have higher rates of breast cancer. it finds the western half of contra costa county, northern alameda and parts of santa rosa and san mateo counties have rates 10 to 20% higher than the state average. the study didn't identify the reasons why, experts say one possible explanation is economics. women in some of these areas are more likely to be diagnosed earlier and more likely to have private insurance. read more on abc7news.com under see it on tv. the biggest organic peanut

butter plant in the country was supposed to reopen today after being shutdown due to salmonella contamination. the government said wait a minute. now the company wants to tell its side. t.j. winick has more. >> reporter: sunland the biggest plant in the country has been barred by the fda for making or distributing its products. the same company that made peanut butter that sickened people in 20 states this year. the plan was set to reopen yesterday until this drastic federal order with >> this gives us hope that fda is prepared to act aggressively and protect consumers. >> reporter: the first time fda used new powers from a law passed last year to shutter a company it says is a continuing health risk. the government will not allow the plan to reopen until they no longer have a probability of causing health consequences or death. 8-year-old nate lebron was one who ate the peanut butter sold at trader joe's. >> it felt very painful, the

cramps, i was screaming loud, saying why does this happen to me? >> reporter: the fda discovered salmonella throughout the facility, no hand washing sinks, leaks that left water accumulationing on the floor and open doors that could allow pests to enter. >> there was reasonable probability of serious injury or death to consumers from consuming products. >> reporter: all peanut products with dates of mash of 1st, 2010 -- of march 1st, 2011 should be immediately discards or return. -- discarded or returned. study found more than 26% of teens 16 to 18 read or send at least one text every time they drive. that comes despite nationwide

efforts to educate drivers on the risk. the study found parents who eat, drink or look for something while driving were likely to have teens who are also distracted. they learn from us. >> we better quickly move to the forecast those of us who have teenagers who drive, we don't want to think about that now. >> especially with driving being more dangerous in the days to come. >> we have two days this week where the commute is going to be a mess, today and tie day morning our second system -- and friday morning our second system friday. right now haze and fog around, higher and mid level clouds will be fading that sun from our sutro camera looking at more filtered sun, enjoy it, this saturday where you should be getting prepared. most of the energy from the first two storms will be in the north bay. all cloud cover here and it is still creating a little bit of a visibility problem in some

spots. temperatures in the upper 50s to around 60 in oakland. mid 50s watsonville, 57 monterey. concord and livermore three, four mile visibility. novato has improved. still, a lot of clouds hanging low today making for a grey afternoon. we are looking at the first system headed our way tomorrow. that hasn't changed. it is a fast ver, wind advisory up in the bay area from 4:00 to 11:00 tomorrow among for wind gusts in guess in the higher elevations of 55 miles an hour. by afternoon things taper off. the next system arrives thursday into friday that focus is on the north bay as well. you can see all the cloud cover far off here that's the front and the low developing, a strong one, we could see thunderstorms as well. the first system comes in very quickly. by 6:00 to 9:00 tomorrow morning we get the heaviest

rain, the wind. then we are looking at this system with much more precipitation headed further north into sonoma county. lesser amounts heading south. the last system looks like it is the strongest for the general bay area. by that time, we could see nuisance flooding. tomorrow 4:00, notice raining in sonoma, marin county. as we go through the next couple hours heaviest rain 6:00 from sonoma county down through san francisco into santa cruz. by 9:00 still very heavy rain this time tomorrow we are behind the front and things taper off significantly, the wind, the rain here's our break into thursday, by thursday morning it is not bad. here comes the next system by 2:00 in the afternoon, raining in the north bay, by the evening commute, we could see wet weather on through friday morning. rainfall amounts with that second system will put the north bay over five inches this is through sunday, we are

talking six inches in sonoma county and four inches around marin county, east bay, contra costa county through san mateo and three inches or so around the south bay you will be protected a little more. snow? not really winter weather 4,000 feet, winds gusty over 60 miles an hour for i-80 and highway 50 today low 60s, 62 morgan hill, first system quickly moving through tomorrow, with wind and rain and then thursday a little break, over the weekend we are looking at on and off rain. break comes next week for sure. >> thank you. just ahead, move over chanting tatum. is there a new sexiest ma

at 3:00 on katie, barbra streisand. and at 4, new designs and cleaners to keep children safe. at 5, santa clara county sheriff pays a visit to a south bay school where families are concerned that i registered sex offender was allowed to volunteer. those stories and more at 4 and 5. if you read the onion newspaper you know it is a

tear cal, the online version of the -- satirical, >> the onion declared kim jong un sexiest man alive for 2010 of. today the online -- 2012. today the online paper posted a photo gallery. >> even quoted his tongue and cheek description of his sexy qualities, handsome round face, boyish charm and strong sturdy frame. this heartthrob is every woman's dream come true. i feel like i'm on dating game. >> right beauty is in the eye of the beholder. >> yeah, to each his own. >> for all of us here thanks for join us. >> who wants to be a millionaire is next. >> now the alarm clock app is available for android phone or tablet and kindle fire. download it for

for over 60,000 california foster children, the holidays can be an especially difficult time. everything's different now. sometimes i feel all alone. christmas used to be my favorite. i just don't expect anything. what if santa can't find me? to help, sleep train is holding a secret santa toy drive. bring your gift to any sleep train, and help keep the spirit of the holidays alive. not everyone can be a foster parent, but anyone can help a foster child.